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N.J. Stat. Ann. § 12A:2-612

"Installment contract" ; breach

Applied in 2 court decisions — leading case Cassidy Podell Lynch, Inc. v. SnyderGeneral Corp. (1991)

Most recently applied in 741 F. Supp. 2d 651 - Rocheux International of New Jersey, Inc. v. U.S. Merchants Financial Group, Inc. (September 2010)

L.1961, c. 120, s. 2-612.

(1) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.

(2) The buyer may reject any installment which is non-conforming if the non-conformity substantially impairs the value of that installment and cannot be cured or if the non-conformity is a defect in the required documents; but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.

(3) Whenever non-conformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a non-conforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.

Current official text: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.